Aboriginal+Land+Rights+Summary

1. Mabo 2. Wik 3. Ward __ 1788 __ British declared Australia to be **//terra nullius//** that is an empty land (no permanent dwellings) __ 1975 __ **Racial Discrimination Act** prevents discrimination against aborigines. __ 1985 __ **QLD legislation** (QLD Coast Island declaratory Act) claimed some of the Torres Strait islands as QLD and denied some rights to aborigines including right to own land __ 1992 __ **Eddie Mabo** brought a case to the HC challenging the QLD legislation. HC found that Australia was never //terra nullius// and that land rights did exist on Murray Island. Therefore aborigines could submit land claims if they could demonstrate an ongoing relationship to the land. __ 1993 __ Native Title Act As a result of the case, this ruling was codified into legislation. Freehold and commercial land could not be claimed. Traditional and continued attachment demonstrated. In the preamble but not the Act, pastoral leases could not be claimed under native title. __ 1996 __ **Wik** case. Wik peoples claimed land on Cape York peninsula. The HC had to interpret the Native Title Act to see whether this could be a land claim. Majority held that native title AND pastoral leases could coexist where native use and pastoral use were consistent. This caused confusion. __ 1998 __ **Native Title Amendment Act.** Where native title and pastoral leases conflicted, pastoral leases would prevail. __ 2002 __ **Ward case**. WA case. When a pastoral lease ends, the land reverts to the Crown. In Ward, the aboriginals then made a land claim which was granted by the Federal Court. It went to appear in the Full Federal Court who reversed the decision. Ward people then appealed to the HC, which did not change the ruling. __ NOW __ land rights are ruled by legislation rather than Mabo or Wik and can be removed by legislation.
 * Aboriginal Land Rights cases **